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Case No. 400/8344/23 dated 18/02/2025
Subject of Dispute: Challenging the Refusal to Pay One-Time Monetary Assistance to a Police Officer in Connection with Loss of Professional Capacity.
Key Court Arguments:
1. The right to receive one-time monetary assistance arises under three mandatory conditions: the cause of disability is a service-related illness; disability was established before or within 6…
Subject of Dispute: Issuance of a Duplicate Writ of Execution for a Credit Agreement, which the Bank Considers Lost.
Main Arguments of the Court:
1. The executive document was indeed lost during postal transmission, as evidenced by official documents from the state executive service.
2. The time limit for presenting the executive document has not been missed due…
Subject of the Dispute: Challenging the Illegality of Actions by the Department of Urban Development and Land Relations of the Zhytomyr City Council in Reviewing a Land Plot Allocation Petition and Compensation for Moral Damage.
Main Court Arguments: The Court established that the dispute has a public law nature, as it concerns the actions of a…
Subject of Dispute: Invalidation of a Road Repair Services Procurement Contract Concluded between the Infrastructure Restoration and Development Service in Zhytomyr Oblast and Integral Systems LLC.
Main Court Arguments:
1. The court established that prohibiting contract performance during judicial review violates the principle of presumption of legal validity of a transaction and contractual obligation.
2. Implementing interim measures…
Here is the translation of the legal analysis:
1. Subject of Dispute: Recognition of Inheritance as Abandoned and Claiming an Apartment from a Bona Fide Acquirer in Favor of the Territorial Community.
2. Main Arguments of the Court:
The Supreme Court referred to the previous legal position of the Grand Chamber, which states that when alienating inherited…
Subject of Dispute: Division of Marital Property, including a vehicle, land plots, and a share in the authorized capital of a limited liability company.
Main Arguments of the Court:
1. Property acquired by the spouses during the marriage is presumed to be joint common property, regardless of whose name it is registered in.
2. The court deviated from…
Here is the translation:
1. Subject of Dispute: Return of water fund land plots located in the coastal protection zone of the Dnipro River from a private company to communal ownership.
2. Main Court Arguments:
The court changed its previous legal position regarding land plots. Key arguments:
- Land plots are located in the coastal protection zone of the…
Subject of Dispute: Recognition of Pledge Right and Obligation to Take Actions Regarding Corporate Rights in the Authorized Capital of LLC "Borivazh".
Main Arguments of the Court:
1. The court emphasized that interim measures cannot be challenged on grounds of jurisdiction violation separately from the decision on the merits of the case.
2. When deciding on interim measures,…
Here is the translation:
Subject of Dispute: Recognition of the Order as Invalid Regarding the Transfer of Land Plots to Communal Ownership, Partially Located within the Border Strip.
Key Arguments of the Court:
1. Land plots located within the border strip are automatically classified as defense lands, which can only be in state ownership.
2. The Supreme Court deviated…
Subject of Dispute: Challenging the Illegality of the Village Council's Decision on Land Plot Lease Transfer and Claiming these Land Plots from the New Lessee.
Main Court Arguments:
1. The land share lease agreement dated 13.10.2015 is valid until 19.02.2028 and is properly registered.
2. Change in the land plot status does not terminate the original lease agreement.
3.…
Subject of the Dispute: Return of the House of Culture to the Communal Ownership of the Khmelnytskyi City Council, which previously belonged to the Collective Agricultural Enterprise.
Main Arguments of the Court:
The court recognized that the allocation is a form of enterprise reorganization, contrary to previous court decisions. The House of Culture, as a social infrastructure…
Here is the translation of the legal analysis:
1. Subject of Dispute: Termination of the land lease agreement for a plot of 2.12 hectares and its return to the owner due to non-use for its intended purpose.
2. Main Arguments of the Court: The Supreme Court indicated that the courts of previous instances incorrectly assessed the grounds…
Here is the translation of the legal analysis:
1. Subject of Dispute: The Prosecutor's Office attempted to secure a claim to declare invalid a service procurement contract between the Department of Improvement and LLC "Avtomahistral 2016" by prohibiting any actions under this contract.
2. Key Court Arguments: The Supreme Court deviated from previous practice and indicated that…
Subject of Dispute: Recovery of Damages from a Private Entrepreneur Caused to the State as a Result of Tax Evasion in the Amount of 2,418,353 Hryvnias.
Main Arguments of the Court:
1. By the criminal court's verdict, PERSON_1 was found guilty of tax evasion, which is a crime with a material composition.
2. The amount of unpaid taxes…
Here is the translation:
1. Subject of Dispute: Claiming a land plot with an area of 2.2606 hectares with cadastral number 6820681500:05:005:0021 from state ownership in favor of the Vinkivtsi Settlement Council.
2. Main Arguments of the Court:
The Supreme Court indicated that the regional council's decision from 04.04.2001 on granting a land plot to a forestry…
Here is the translation:
1. Subject of Dispute: Invalidation of the apartment purchase and sale agreement and recovery of property in favor of the Kyiv City territorial community as unclaimed inheritance.
2. Main Arguments of the Court:
- After the death of the owner PERSON_7, no inheritance case was initiated, and no heirs were identified
- The donation agreement,…
Here is the translation:
1. Subject of Dispute: Invalidation of the purchase and sale agreement and return of a radiation protection shelter with an area of 90 sq. m to state ownership.
2. Main Arguments of the Court:
The court established that radiation protection shelter No. 67779 is a civil defense protective structure that could not be…
Here is the translation:
1. Subject of Dispute: Official misconduct by Ukrzaliznytsia officials in establishing preferential tariffs for freight transportation.
2. Main Arguments of the Court:
- The fact of existence or absence of agreements between the official and the beneficiary has no criminal legal significance
- Criminal liability occurs if the official acted contrary to the interests of…
Subject of Dispute: Recognition as Unlawful and Cancellation of a Tax Notification-Decision Regarding Accrual of Rent for Land Plots.
Main Arguments of the Court: The Supreme Court pointed out the superficial approach of previous judicial instances in considering the case. The courts did not provide a proper legal assessment of the evidence from the controlling body…
